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ARTICLE · 15 MARCH 2014

NSW Government Bulletin - 6 March 2014

Holding Redlich
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The bulletin has links to recent media releases, reports, cases and legislation of interest to NSW government lawyers.

AustraliaGovernment, Public Sector
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On 25 February 2014, Barry O'Farrell introduced the Criminal Assets Recovery Amendment Bill 2014 (CARAB) (NSW) amending the Criminal Assets Recovery Act 1990 (NSW) (CARA). CARA currently facilitates the recovery of proceeds of crime from a person directly engaged in criminal activity. CARAB broadens this definition to include the power to recover proceeds of crime, from people who did not directly engage in the criminal activity i.e. a third party. There are some limits on this broader definition, such as that the person engaging in the criminal activity needs to intend that the third party derive or realise an interest, service, advantage or benefit or knew or ought reasonably to have known that the third party would have received this interest, service, advantage or benefit.

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